Or. Admin. Code § 137-055-3220 - Establishment of Past Support Orders
(1) For purposes of this rule the following
definitions apply:
(a) "Past support" means
the amount of child support that could have been ordered based on the Oregon
Child Support Guidelines and accumulated as arrears against a parent for the
benefit of a child for any period of time during which the child was not
supported by the parent and for which period no support order was in
effect.
(b) "Supported by the
parent" in subsection (1)(a) of this rule means payments in cash or in kind in
amounts or in-kind value equal to the amount that would have accrued under the
Oregon Child Support Guidelines from the obligor to the obligee for purposes of
support of the child.
(c) "The
Oregon Child Support Guidelines" means the formula for calculating child
support specified in ORS 25.275.
(2) The administrator may establish past
support when establishing a child support order under ORS 25.501 to
25.556.
(3) When an obligor has
made payments in cash or in kind to an obligee for the support of the child
during the period for which a judgment for past support is sought, and
providing that those payments were in amounts equal to or exceeding the amount
of support that would have been presumed correct under the Oregon Child Support
Guidelines, no past support will be ordered.
(4) When such payments as described in
section (3) of this rule were made in amounts less than the amount of support
presumed correct under the Oregon Child Support Guidelines, the amount of the
past support judgment will be the correct amount presumed under the Oregon
Child Support Guidelines minus any amounts of support paid.
(5) The obligor must provide evidence of such
payments as described in sections (3) and (4) of this rule by furnishing copies
of:
(a) Canceled checks;
(b) Cash or money order receipts;
(c) Any other type of funds transfer
records;
(d) Merchandise
receipts;
(e) Verification of
payments from the obligee;
(f) Any
other record of payment deemed acceptable by the administrator.
(6) The administrator may decide
whether to accept evidence of such cash or in-kind support payments for
purposes of giving credit for them. If any party disagrees, the past support
calculation may be referred to an administrative law judge as provided in ORS
25.513.
(7)
(a) Past support may not be ordered for any
period of time prior to the first day of the month the Notice and Finding of
Financial Responsibility and proposed Order Establishing Support are issued.
For any month or part of a month for which past support is ordered, the amount
of support shall be a full month increment and shall not be prorated;
and
(b) If prior to finalizing the
proposed Order Establishing Support, it is determined that it is no longer
appropriate to include ongoing support, the proposed order may be amended to
include past support only, provided that at least four months have elapsed
since the first day of the month in which the original proposed order was
issued.
(8) If the
parties are filing for annulment, dissolution, or separation under ORS 107.105
and a judgment will be entered for months when the proceeding was pending, any
order for past support may only include amounts owed for a time period not
already addressed in the judicial action.
(9) Past support will be calculated under the
Oregon Child Support Guidelines based on current guideline factors. If the
resulting amount is unjust or inappropriate, it may be rebutted as provided in
OAR 137-050-0760.
Notes
Statutory/Other Authority: ORS 180.345
Statutes/Other Implemented: ORS 25.515
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